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Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. TheHandbook contains valuable guidance on international arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio.

International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines GATT/WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states.

The chapters were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

The American Arbitration Association (AAA), with its long history and experience in the field of alternative dispute resolution, provides services to individuals and organizations who wish to resolve conflicts out of court. The AAA, with a caseload of over 200,000 disputes administered, is the nation's largest full-service ADR provider.

The International Centre for Dispute Resolution® (ICDR), the international division of the AAA, was established in 1996 to provide the same high-quality alternative dispute resolution (ADR) services available in the U.S. to individuals and organizations around the globe. The ICDR's expertise in the administration of international arbitrations is well recognized. The ICDR has established cooperative agreements with 62 arbitral institutions in 43 countries worldwide.

Contributors:

Chapter 1: Julian D.M. Lew and Laurence Shore

Julian D. M. Lew has been a partner at Herbert Smith, London and is head of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary and Westfield College, University of London. He holds a LL.B. from the University of London and a Doctorat Special En Droit International from the Catholic University of Louvian, Belgium. Dr. Lew is co-editor of Enforcement of Foreign Judgments, Kluwer Law and Tax Publishers (1994).

Laurence Shore is a partner at Herbert Smith, London and specializes in international arbitration and litigation, with a focus on jurisdiction and arbitration contractual clauses, trans-Atlantic litigation matters in the High Court, and U.S. litigation matters.

Chapter 2: David E. Wagoner

David E. Wagoner is a full-time arbitrator and mediator in international and domestic cases and is a consultant in all aspects of dispute resolution. He is a member of the AAA international panel of neutrals and is associated with various arbitration/mediation organizations worldwide. Mr. Wagoner earned a B.A. from Yale University and an LL.B. from the University of Pennsylvania. He is the author of A Call for Mediation and Other Forms of ADR to Resolve International Business Disputes, ELEVENTH INTERNATIONAL CONGRESS OF MARITIME ARBITRATORS (May 1994) and Tailoring the ADR Clause in International Contracts, ARB. J. (June 1993).

Chapter 3: John B. Tieder, Jr.

John B. Tieder, Jr. is a senior partner in Watt, Tieder, Hoffar & Fitzgerald, L.L.P., with offices in Virginia, California, Nevada, Washington and an affiliated office in Germany. He holds an A.B. from Johns Hopkins University and a J.D. from Syracuse University and American University. Mr. Tieder is a charter member of the American College of Construction Lawyers and was voted to the Best Lawyers in America, Construction Law for 2003-2010 and selected to Chambers USA Top Construction Lawyers in Virginia for 2004-2009. He has written widely on the subject of Construction and International Arbitration Law.

Chapter 4: Bernardo M. Cremades and David J. A. Cairns

Bernardo M. Cremades is senior partner of B. Cremades y Asociados, in Madrid. He is president of the Spanish Court of Arbitration and a member of the International Council for Commercial Arbitration. His e-mail address is bcremades-mad@ bcremades.com.
David J. A. Cairns is a partner in B. Cremades y Asociados, Madrid, specialising in international commercial and investment arbitration. He holds LLB (Hons), LLM. (Toronto), and Ph.D (Cambridge) degrees. He is a Fellow of the Chartered Institute of Arbitrators in London, and an Adjunct Professor at the University Carlos III of Madrid. His email address is d.cairns@bcremades.com.

Chapter 5: Pierre A. Karrer

Pierre A. Karrer is an honorary president of the Association Suisse de l&rsquo;Arbitrage, a vice president of the Arbitration Institute of the Stockholm Chamber of Commerce, a former Vice President of the LCIA, and a former member of the ICC International Court of Arbitration. Dr. Karrer serves on the panel of arbitrators of many international arbitration institutions. He has a website at www.pierrekarrer.com.

Chapter 6: Karl-Heinz Böckstiegel

Karl-Heinz Böckstiegel is emeritus Prof. for International Business Law at the University of Cologne in Germany. He also serves as president of the German Institution. For Arbitration (DIS) and as the Patron of the Chartered Institute of Arbitrators. He formerly served as president of the London Court of International Arbitration (1993-1997) and as president of the Iran-U.S. Claims Tribunal, The Hague (1984-1988).

Chapter 7: Karl-Heinz Böckstiegel

Karl-Heinz Böckstiegel is emeritus Professor for International Business Law at the University of Cologne in Germany. He also serves as president of the German Institution for Arbitration (DIS) and as the Patron of the Chartered Institute of Arbitrators. He formerly served as president of the London Court of International Arbitration (1993-1997) and as president of the Iran-U.S. Claims Tribunal, The Hague (1984-1988).

Chapter 8: Raymond J. Werbicki

Raymond J. Werbicki is an international arbitration partner in the London office of the law firm Steptoe & Johnson.

Chapter 9: Barry Leon and John Terry

Barry Leon is a Partner in the International Arbitration Group at Perley-Robertson, Hill & McDougall LLP/s.r.l. in Ottawa. He serves primarily as counsel to parties in international commercial and investment treaty arbitration, and also serves as an arbitrator and mediator.

John Terry is a partner with Torys LLP in Toronto. He has one of Canada&rsquo;s leading practices in investment treaty arbitration, as well as practicing business, international and public litigation.

Chapter 10: Raymond G. Bender, Jr.

Raymond G. Bender, Jr., a retired member of the law firm of Dow Lohnes PLLC, Washington, D.C., is an expert concerning laws and policies affecting the satellite industry and other communications technologies. He currently serves full-time as an arbitrator and mediator in domestic and international cases, including those involving high-tech industry disputes.

Chapter 11: Peter L. Michaelson

Peter L. Michaelson is an attorney, arbitrator and mediator. He is the principal in Michaelson and Associates, in Shrewsbury, N.J. He is a Fellow of the College of Commercial Arbitrators, and the Australian Centre for International Commercial Arbitration, and a Fellow and Chartered Arbitrator with the Chartered Institute of Arbitrators. He serves on the arbitration panels of the American Arbitration Association, International Centre for Dispute Resolution (ICDR), London Court of International Arbitration (LCIA), International Chamber of Commerce (ICC) and the Financial Industry Regulatory Authority (FINRA), and on the arbitration and mediation panels of the CPR Institute, the World Intellectual Property Organization (WIPO) and various federal and state courts; and is an accredited mediator with the Centre for Effective Dispute Resolution (CEDR). For details, see the author&rsquo;s CV at www.mandw.com/mich.html. The author can be contacted at pmichaelson@mandw.com.

Chapter 12: David E. Wagoner

David E. Wagoner is a full-time arbitrator and mediator in international and domestic cases and is a consultant in all aspects of dispute resolution. He is a member of the AAA international panel of neutrals and is associated with various arbitration/mediation organizations worldwide. Mr. Wagoner earned a B.A. from Yale University and an LL.B. from the University of Pennsylvania. He is the author of A Call for Mediation and Other Forms of ADR to Resolve International Business Disputes, ELEVENTH INTERNATIONAL CONGRESS OF MARITIME ARBITRATORS (May 1994) and Tailoring the ADR Clause in International Contracts, ARB. J. June 1993.

Chapter 13: Marc J. Goldstein

Marc J. Goldstein is a partner at the New York City office of Hodgson Russ L.L.P. as of January 2005. He holds a J.D. from the University of Virginia Law School and a B.A. from the University of Pennsylvania. Mr. Goldstein was named as a leading practitioner in international commercial litigation in Chambers USA Guide to America&rsquo;s Leading Business for the fourth consecutive year in 2004.

Chapter 14: Nadine Balkanyi-Nordmann

Nadine Balkanyi-Nordmann is a former attorney with a private law firm in Switzerland, specializing in commercial and banking law, and dispute resolution. She currently works for UBS AG as Managing Director and General Counsel EMEA for Wealth Management & Swiss Bank.

Chapter 15: Jonathan I. Blackman and Ellen London

Jonathan I. Blackman is a partner at the London office of Cleary Gottlieb Steen & Hamilton LLP, specializing in international litigation and arbitration.

Ellen London is an associate at Friedman Kaplan Seiler & Adelman LLP in New York where she focuses on litigation.

Chapter 16: Guillaume Lemenez and Paul Quigley

Guillaume Lemenez is an associate legal officer at the United Nations Office of Legal Affairs. Previously, he was a case manager at the International Centre for Dispute Resolution (AAA/ICDR). Mr. Lemenez can be reached at lemenez@un.org.

Paul Quigley is the President of NewsWhip Media, Ltd., a digital media company based in Dublin. He drafted this chapter while he was an associate at Simpson Thacher & Bartlett, LLP. He can be reached at paul@newswhip.com

Chapter 17: Klaus Reichert

Klaus Reichert is a Barrister in Dublin, Ireland. He serves as an arbitrator and has significant experience with commercial mediation, both as counsel and as mediator.

Chapter 18: David I. Bristow and R. Brendan Bissell

David I. Bristow, Q.C., L.S.M., C.Arb is a member of Team Resolution, a Toronto-based Alternative Dispute Resolution group, which provides ADR Services consisting of Mediations, Arbitrations, Early Neutral Evaluation, Mini-Trials, Med-Arb and Private Appeals from Arbitral Awards and Trial Judgments in civil actions. He is co-author of the leading text on the subject of construction law in Canada. He is a member of the American Arbitration Association&rsquo;s Panel of Arbitrators, is a Mediation and Arbitration Panel Member of the International Chamber of Commerce, a mediation and arbitration Panel Member with the Centre for Public Resources Institute for Dispute Resolution. He is a member of the International Academy of Mediators, a member of the Swiss Dispute Board Federation and a charter member of the non-profit organization Mediators Beyond Borders. To contact the author email Bristow@gsnh.com; website www.DavidIBristow.com; or, telephone 416-597-3395.

R. Brendan Bissell is a partner at Goldman Sloan Nash & Haber LLP in Toronto and practices trial and appellate advocacy in commercial law. To contact the author, e-mail Bissell@gsnh.com or at the web site: www.gsnh.com.

Chapter 19: Steven K. Andersen

Steven K. Andersen is Vice President of International Development of the American Arbitration Association&rsquo;s international division the International Centre for Dispute Resolution. Since 2001 he has had direct responsibility for the organization&rsquo;s activities, programs and developments including mediation in Canada, Mexico and the United States. He is also a member of the NAFTA 2022 committee which focuses on availability, use and effectiveness of arbitration and other procedures for the resolution of private international commercial disputes in the free trade area.
Chapter 20: Carmen Collar Fernandez and Jerry Spolter

Carmen Collar Fernandez is an attorney practicing in Madrid, Spain.

Jerry Spolter, a veteran mediator and recipient of numerous awards in the field of mediation, is widely recognized for his energetic, upbeat persona and tenacity in getting parties to resolve disputes. Among Mr. Spolter's crucial strategies for successful mediations is identifying and resolving "red flags" before settlement talks even commence, as well as diligent preparation, and persistent follow up. He is former Managing Partner of Spolter, McDonald & Mannion in San Francisco, California. He has arbitrated or mediated more than 600 disputes under the auspices of the AAA and has conducted mediation training in the U.S., Argentina, England, and Austria. Mr. Solter holds a J.D. from the University of the Pacific, McGeorge School of Law.

Chapter 21: Claudia T. Salomon and Peter D. Sharp

Claudia T. Salomon is co-chair of the International Arbitration practice at DLA Piper, LLP, where she is Of Counsel. She can be reached at claudia.salomon@dlapiper.com.

Peter D. Sharp is Of Counsel at DLA Piper, LLP and can be reached at peter.sharp@dlapiper.com.

Chapter 22: Alexandra Alvarado-Bowen

Alexandra Alvarado-Bowen is an Ecuadorian lawyer with over 12 years experience as a mediator and an instructor in ADR. She completed her Master of Laws (LL.M.) in ADR at Osgoode Hall Law School, in Toronto, where she currently resides. In Toronto, she works as an Appeal Resolution Officer at the Social Benefits Tribunal. She is also a mediator and a trainer in ADR for various organizations worldwide. She was the International Hoellering Fellow in 2004 at the American Arbitration Association. She has also served as a mediator at the Superior Court of Justice in Guayaquil. She can be reached at AlexandraAlvaradoBowen@sympatico.ca.

Chapter 23: David J.A. Cairns

David J.A. Cairns is a partner in B. Cremades y Asociados, Madrid, specialising in international commercial and investment arbitration. He holds LLB (Hons), LLM. (Toronto), and Ph.D (Cambridge) degrees. He is a Fellow of the Chartered Institute of Arbitrators in London, and an Adjunct Professor at the University Carlos III of Madrid. His email address is d.cairns@bcremades.com

Chapter 24: Steven K. Andersen

Steven K. Andersen is Vice President of International Development of the American Arbitration Association&rsquo;s international division the International Centre for Dispute Resolution. Since 2001 he has had direct responsibility for the organization&rsquo;s activities, programs and developments including mediation in Canada, United States and the ICDR Mexico City office that opened in 2006. He has mediated numerous disputes and is a recent addition to the NAFTA 2022 committee. Please send any comments about this chapter to the author at andersens@adr.org.

Chapter 25: William G. Bassler and Yitzchok Segal

William G. Bassler, a former judge on the U.S. District Court for the District of New Jersey (1991-2006) and the Superior Court of the State of New Jersey (1988-1991), currently serves on the mediation and arbitration panels, CPR International Institute for Conflict Prevention and Resolution, the American Arbitration Associa¬tion and the International Centre for Dispute Resolution. He is also an adjunct professor at the Fordham University School of Law.

Yitzchok Segal is currently serving as a law clerk to the Hon. Paul A. Crotty, a judge on the U.S. District Court for the Southern District of New York.

Chapter 26: Arif H. Ali and Baiju S. Vasani

Arif H. Ali is Chair of Crowell & Moring LLP&rsquo;s International Arbitration Practice, resident in Washington, D.C. He is also an adjunct professor of law at Georgetown University and an Honorary Lecturer at the University of Dundee&rsquo;s Centre for Energy, Mining and Petroleum Law and Policy.

Baiju S. Vasani is a Partner in Crowell & Moring LLP&rsquo;s International Arbitration Practice, resident in the Washington, D.C. and London offices. He is also an adjunct professor of law at Georgetown University.

Barry H. Garfinkel is of counsel at the New York office of Skadden, Arps, Slate, Meagher & Flom LLP (&ldquo;the firm&rdquo;). Marco E. Schnabl and Timothy G. Nelson are partners and Julie Bédard is a counsel. All are members of the International Arbitration and Litigation practice. The authors would like to thank Cristina I. Miller-Ojeda Hagglund for her assistance with this chapter.

Chapter 28: Walter G. Gans

Since 2002 Walter G. Gans has served as a fulltime arbitrator and mediator for international commercial and sports disputes based in New York. He is a former Special Counsel at Kaye Scholer L.L.P., New York, and the former vice president, general counsel, and secretary of Siemens Corporation. He holds a B.A. from Bowdoin College and a J.D. and L.L.M. from New York University.

Chapter 29: Georgios I. Zekos

The author is an advocate and economist in OGA, Tripolis, Greece. Dr. Zekos has earned a BS (econ), J.D., LLM, and Ph.D. He is the author of International Commercial and Marine Arbitration (2008 Routledge-Cavendish Publishers, London, www.routledge.com) and &ldquo;Is the Arbitration Fairness act of 2007 the right way for justice or a wrong turn?&rdquo; Fall/Spring 2008, Rutgers Conflict Resolution law Journal USA.

Chapter 30: Karim Sarhan

Karim Sarhan was born in Egypt and is a partner at the Cairo Law firm of Sharkawy & Sarhan. His areas of practice include Arbitration, project finance and Islamic finance. He obtained a masters of law, a post graduate diploma in Islamic Law, and a bachelor of law all from Cairo University. He is the co founder and chairman of the of the Egyptian Business Law Association. He speaks both English and Arabic. His email address is ks@sharkawylaw.com.

Chapter 31: Frank W. Swacker, Kenneth R. Redden and Larry B. Wenger

Frank W. Swacker is a faculty member at Stetson University College. His arbitration and dispute resolution experience spans more than forty years. Mr. Swacker holds a J.D. from the University of Virginia School of Law and a L.L.M. from New York University.

Kenneth R. Redden is a former Emeritus Professor of Law at the University of Virginia. Prior to his death in 1999, he lectured abroad for the U.S. State Department for nearly a decade and served as a legal advisor to foreign governments.

Larry B. Wenger is Law Librarian and Professor of Law at the University of Virginia and has served as President of the Association of International Law Librarians.

Chapter 32: Barton Legum

Barton Legum is a Partner in the Paris office of Salans LLP, and Head of the firm&rsquo;s Investment Treaty Arbitration Practice. His practice concentrates on international arbitration and litigation. He has argued cases before numerous international arbitration tribunals, the International Court of Justice, and state and federal trial and appeals courts in the United States. Earlier in his career, he served as Chief of the NAFTA Arbitration Division in the Office of the Legal Adviser at the U.S. Department of State. Mr. Legum is a member of the Executive Committee and Council of the American Bar Association&rsquo;s Section of International Law and its Finance Officer. He is the editor of International Litigation Strategies and Practice, a 2005 ABA book. Mr. Legum holds a D.E.A. in public international law from the Université de Droit, d&rsquo;Economie et de Sciences Sociales de Paris. He is a member of the bars of Paris, New York and Georgia. He can be reached at blegum@salans.com.

Chapter 33: Bernardo M. Cremades

Bernardo M. Cremades is a senior partner in the law firm B. Cremades y Asociados in Madrid. He is the president of the Spanish Court of Arbitration, a member of the International Council for Commercial Arbitration and a former vice president of the London Court of International Arbitration. He is a member of various international organizations, including the International Bar Association and the Institute of World Business Law of the International Chamber of Commerce. The author&rsquo;s e-mail address is bcremades-mad@bcremades.com.

Chapter 34: Jorge E. Viñuales and Florian Grisel

Jorge E. Viñuales is Counsel with the law-firm Lévy Kaufmann-Kohler, Geneva, as well as the holder of the Pictet Chair in International Environmental Law, at the Graduate Institute of International and Development Studies, in Geneva. He holds a Ph.D. from Sciences Po Paris, an LL.M. from Harvard Law School and a D.E.A. from HEI.

John M. Townsend is the chair of the Arbitration and ADR Group of Hughes Hubbard & Reed L.L.P. He is Chairman of the Executive Committee of the Board of Directors of the American Arbitration Association and is a member of its International Advisory Committee and Law Committee and was named Outstanding Director in 2003. Mr. Townsend holds a B.A. from Yale University and a J.D. from Yale Law School. He is the author of Clash and Convergence on Ethical Issues in International Arbitration, INTER-AMERICAN LAW REVIEW (FALL 2004).

Reviews

Praise For The AAA Handbook on International Arbitration and ADR:

"The AAA Handbook on International Arbitration and ADR, though a compilation of articles and other written materials, is a coherent and well-structured work, with its clearly structured subject areas and contents, which makes material easy to find".